- Does India have a Law to protect Integrated Circuits(IC) and what is the protection available for IC in India?
- Who administers the above legislation and is registration compulsorily for protection?
- What are the criteria for protection under the Act?
- What is the procedure for registration?
- What is the duration of protection under the Act?
- What will constitute infringement?
- What are the defenses available to the infringement action under the Act?
- Can a registered design be revoked?
- What are the remedies available for infringement of registered design?
- Can the registered owner initiate criminal cases for infringement on his own?
- Is there a right of appeal against the orders passed by the Registry?
1. Does India have a Law to protect Integrated Circuits(IC) and what is the protection available for IC in India?
Yes. India had passed the Semi Conductor Integrated Circuits Lay Out Design Act, 2000 and it defines semi conductor integrated circuit as a product having transistors or other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and design to perform an electronic circuitry functions.
2. Who administers the above legislation and is registration compulsorily for protection?
There is a Semi Conductor Integrated Circuit Lay Out Design Registry at Delhi and it functions under the Ministry of Electronics. Registration is compulsory for protection under the Act.
3. What are the criteria for protection under the Act?
For a Lay Out to be registered it must be:
- Original
- Which has not been commercially exploited for more than two years prior to the date of application.
- It must be inherently distinctive.
It will be considered original, if it is the result of it’s creators original intellectual effort and is not commonly known to persons skilled in the art at the time of its creation. Even if the combination of the elements or inter connection or commonly known, if such combination taken as the whole is new and is the result of its creators intellectual efforts it can be protected.
4. What is the procedure for registration?
An application for registration will be examined by the Registry and if the application meets the criteria for protection, then the application will be advertised in the prescribed manner.
Within three months of such advertisement, any person may oppose the grant of registration and thereafter, the Registrar will serve a copy of the opposition to the applicant.
If the applicant fails to respond within two months, he shall be deemed to have abandoned the application.
Thereafter, parties are permitted to file their evidence and it will be decided as a quasi-judicial matter. During these proceedings, the applicants are permitted to correct clerical errors or even make amendments to the application.
5. What is the duration of protection under the Act?
The duration of protection shall be for a period of TEN YEARS from the date of filing the application or from the date of first commercial exploitation whichever is earlier.
6. What will constitute infringement?
Infringement occurs when the Lay Out Design of integrated chips is incorporated either in its entirety or part thereof and when such an articles is either sold in the market or imported in India infringement occurs.
7. What are the defenses available to the infringement action under the Act?
- Use for the purposes of scientific evaluation, analysis, research or teaching.
- Use of the protected Lay Out Design without actual knowledge of the Lay Out Design having been registered.
- Use of the design with the consent of the registered owner.
- Use by a person who has by his own independent intellect and effort has created a Lay Out Design, which is similar to the allegedly infringing design, prior to the date of registration of the registered owner.
8. Can a registered design be revoked?
Normally, a registered design is conclusive proof of validity.
However, in extraordinary cases, on furnishing evidence showing lack of originality, a registered design can be revoked.
9. What are the remedies available for infringement of registered design?
The law provides both civil and criminal remedies. An infringement of Layout design is an offence, which is punishable with an imprisonment of three years and fine up to Rs.10 lakhs. Similarly, a person without actually obtaining registration cannot claim that the same design has been infringed. On conviction of the offenders, the infringing copies can be forfeited.
10. Can the registered owner initiate criminal cases for infringement on his own?
Section 64 provides that a registered owner can straight away initiate proceedings for infringement in a criminal court.
11. Is there a right of appeal against the orders passed by the Registry?
There is an Appellate Board known as Lay Out Design Appellate Board and is headed by a Chairman, who has been a Judge of a High Court and also comprises technical members. An appeal against the order of Registrar has to be made within three months of date of communication of the order.
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